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29 May 2008
Issue: 7323 / Categories: Legal News , Family , Human rights
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IVF law change removes legal absurdity

News

A legislation change which will legally allow a child to have two mothers and no father when parents undergo fertility treatment removes an “absurdity” in the present law, a family law expert claims.

Following a vote in the Commons, the Human Fertilisation and Embryology Bill will update previous legislation to remove the reference to a father.
Margaret Hatwood, an associate at Thomas Eggar, says: “Where two women are in a relationship and one has fertility treatment to conceive then the partner should be treated as the other ‘parent’ even when the couple are not in a civil partnership. In those cases no man can be treated as a father to avoid a child having three legal parents which would be an absurdity.”
She says it will be interesting to see whether once this Act is in force, it will give non-biological parent more rights.

“In Re G, heard on 26 July 2006 by the House of Lords, a residence dispute involving two lesbian mothers was ultimately resolved with the dispute being resolved in favour of the biological mother. Although a shared residence order was made it gave the biological mother more time with the children. The House of Lords gave priority to the biological mother’s claims even though the mother’s former partner was a psychological parent,” she says. “It would be fascinating to see if this case would be looked at differently when the new Act is in force.”

Issue: 7323 / Categories: Legal News , Family , Human rights
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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
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